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OhioBWC - Basics: (Policy library) - File

Incarceration Policy

Policy Name:

Incarceration

Policy #:

CP-09-06

Code/Rule Reference:

R.C. 4123.54(J)

Effective Date:

11/20/2015

Approved:

Rick Percy, Chief of Operational Policy, Analytics and Compliance (Signature on File)

Origin:

Claims Policy

Supersedes:

All Injury Management policies, directives and memos regarding incarceration that predate the effective date of this policy.

History:

New

Review date:

1/30/2020

 

 

      I.        POLICY PURPOSE

 

The purpose of this policy is to ensure BWC properly terminates the payment of compensation and benefits when the injured worker (IW) or a claimant is incarcerated and properly reinstates the payment of compensation, when appropriate, after the IW or claimant is released from incarceration. 

 

    II.        APPLICABILITY

 

This policy applies to all Field Operations and Special Investigations Unit staff. 

 

   III.        DEFINITIONS

 

Conviction: The act of finding a person guilty of a crime in a court of law.

 

Incarceration: Confinement in a penal institution, including municipal, county, state and federal jails or prisons.

 

Time served: Period of confinement prior to a conviction that is applied by the court to the sentence to reduce the period of confinement after conviction.

 

Voluntary Abandonment:  When a worker leaves the job at which the injury occurred for reasons not related to the injury, or otherwise removes himself/herself from the workforce. 

 

 

  IV.        POLICY

 

A.    It is the policy of BWC to conduct an investigation when an allegation is received that an IW or claimant is incarcerated.

 

B.    It is the policy of BWC to determine whether compensation and benefits are payable in a claim when the injured worker or a claimant has been convicted and is incarcerated.

 

C.   It is the policy of BWC to determine the applicability of voluntary abandonment when compensation and benefits are made in a claim when the injured worker or a claimant is incarcerated.

 

1.    For dates of injury prior to 8/22/86 it is the policy of BWC to terminate, due to voluntary abandonment, all compensation and benefits, except permanent total disability (PTD), in a claim when the IW or a claimant is incarcerated.

 

2.    For claims with a date of injury on or after 8/22/86

a.    It is the policy of BWC to terminate, or in the case of PTD refer to the Industrial Commission (IC) for termination, all compensation and benefits when the IW or a claimant is incarcerated due to a conviction for violation of a state or federal criminal law and:

i.      The IW or a claimant is in any state institution; or,

ii.     The IW or claimant is in any federal institution.

b.    It is the policy of BWC to allow an  IW to receive Temporary Total Compensation (TT), Wage Loss (WL), Living Maintenance (LM), Living Maintenance Wage Loss (LMWL) or Change of Occupation (COO) in a claim with a date of injury on or after 8/22/86, when the IW is:

i.      Out on bond or bail, pending trial; or,

ii.     Out on bond or bail, pending appeal.

c.    Compensation and benefits are payable for the period prior to conviction that the IW or the claimant is confined unless the time is used to reduce the sentence (i.e., time served).

 

3.    For dates of injury on or after 8/25/06

a.    It is the policy of BWC to terminate all compensation and benefits in a claim with a date of injury on or after 8/25/06 when the IW or a claimant is incarcerated due to conviction for violation of a state or federal criminal law and:

i.      The IW or a claimant is in any state or federal institution; or,

ii.     Is confined in a county jail in lieu of incarceration in any state or federal correctional institution.

b.    It is the policy of BWC to allow an  IW to continue to receive TT, WL, LM, LMWL or COO in a claim with a date of injury on or after 8/25/06, when the IW is:

i.      Out on bond or bail, pending trial; or,

ii.     Out on bond or bail, pending appeal.

c.    Compensation and benefits are payable for the period prior to conviction that the IW or the claimant is confined unless the time is used to reduce the sentence (i.e., time served).

 

D.   For all dates of injury, the employer of record may discontinue payment of salary continuation during the period the IW is incarcerated in any county, state or federal institution in this or any other state due to a conviction for violation of a state or federal law.   The employer of record may resume payment of salary continuation upon release if the IW remains an employee.

E.    If the IW was in a repayment plan for an LSA prior to the incarceration, it is the policy of BWC to extend the repayment period when BWC reinstates payment of compensation.

 

BWC staff may refer to the corresponding procedure for this policy entitled “Procedure for Incarceration” for further guidance.


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